New Millennium Med. Imaging, P.C. v. Charter Oak Fire Ins. Co.

Appellate Terms of the Supreme Court of New York

New Millennium Med. Imaging, P.C. v. Charter Oak Fire Ins. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 12, 2019

Docket2019 NYSlipOp 51163(U)

StatusPublished

This text of New Millennium Med. Imaging, P.C. v. Charter Oak Fire Ins. Co. (New Millennium Med. Imaging, P.C. v. Charter Oak Fire Ins. Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New Millennium Med. Imaging, P.C. v. Charter Oak Fire Ins. Co., (N.Y. Ct. App. 2019).

Pincite

Opinion

New Millennium Medical Imaging, P.C., as Assignee of Daishawn Higgins, Appellant,

against

Charter Oak Fire Insurance Company, Respondent.

Law Office of Damin J. Toell, P.C. (Damin J. Toell of counsel), for appellant. Law Office of Aloy O. Ibuzor (Janice A. Robinson of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered February 16, 2017. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that defendant had not issued an insurance policy covering the subject loss, and denied plaintiff's cross motion for summary judgment.

Contrary to plaintiff's contention, the proof submitted by defendant was sufficient to demonstrate that it had not issued a policy covering the subject loss (see e.g. New Way Med. Supply Corp. v Dollar Rent A Car, 49 Misc 3d 154[A], 2015 NY Slip Op 51794[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co., 44 Misc 3d 136[A], 2014 NY Slip Op 51240[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]).

Accordingly, the order is affirmed.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 12, 2019

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